Regulations Amending the Immigration and Refugee Protection Regulations (Skilled Worker) (SOR/2016-298)

Policy effect

Amended the Immigration and Refugee Protection Regulations to refine qualifying job offer definitions, language proficiency designations, and selection points across the Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class, including awarding 5 points for accompanying spouse/partner language proficiency at benchmark level 4. Phase scope: Full national implementation

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… support of the application for a permanent resident visa, the results of a language test that is approved under subsection 74(3), which results must be provided by an organization or institution that is designated under that subsection and must be less than two years old on the date on which their application is made. 6 Section 82 of the Regulations is replaced by the following: Definition of arranged employment 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer … who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix. Arranged employment (10 points) (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and (a) the skilled worker is in Canada … a valid work permit or is authorized to work in Canada under section 186 and (i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply, (ii) the circumstances referred to in paragraph (b) do not apply, and (iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply. 7 Paragraph 83(1)(a) of the Regulations is replaced by the following: (a) for the language proficiency of the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, in either official language, evaluated at at least … benchmark level 4 for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and demonstrated by the results of a language test that is approved under subsection 74(3) from an organization or institution designated under that subsection, which results must be less than two years old on the date on which the application for a permanent resident visa is made, 5 points; 8 (1) Paragraph 87.1(2)(d) of the Regulations is replaced by the following: (d) they have had their proficiency in the English or French language … SIS STATEMENT (This statement is not part of the Regulations.) Issues The Immigration and Refugee Protection Regulations (the Regulations) have been amended to make changes to the requirements for offers of employment in the Federal Skilled Worker Class (FSWC) and Federal Skilled Trades Class (FSTC), as well as to improve clarity and consistency of regulations for these classes and the Canadian Experience Class (CEC). Background Express Entry (Federal Skilled Worker Class, Federal Skilled Trades Class, Canadian Experience Class) The Federal Skilled Worker Class is open to foreign nationals wit … in many industries and occupations. Objectives The objectives of these changes are (1) to better align program requirements with program intent by ensuring job offer points are accessible to candidates who can demonstrate that they have an acceptable job offer, which contributes to the assessment of their likelihood of economic establishment; and (2) to make other regulatory amendments to clarify policy intent or make the Regulations more consistent. Description The definition of arranged employment in subsection 82(1) of the Regulations has been amended to require job offers to be for a mini … mum of one year rather than indeterminate. Amendments to paragraph 82(2)(b) and subparagraph 87.2(3)(d)(iii) of the Regulations allow temporary foreign workers who are working in Canada under a work permit issued under paragraphs 204(a) or (c) or section 205 of the Regulations (which are exempt from the requirement to obtain a supporting LMIA) to qualify for arranged employment in the Federal Skilled Worker Class, and to meet the requirement outlined in paragraph 87.2(3)(d) for the Federal Skilled Trades Class, provided that they have accumulated one year of work experience with the employer i … demonstrating language proficiency is the same across all of the economic immigration programs, whether they are used by principal applicants or, for the purpose of adaptability points for spouses, for the Federal Skilled Worker Class. For example, it is clarified that results must be less than two years old for spouses as well as principal applicants. The Regulations are amended to allow the Minister to designate both language evaluating organizations and the particular tests offered by these organizations for which results are considered conclusive evidence of the language proficiency of th … ncial law or regulation that is relevant to the service provided by the organization or institution; or (c) either the Government of Canada or the organization or institution has terminated the service agreement. Conclusive evidence (7) The results of an evaluation of language proficiency by a designated organization or institution using an approved language test are conclusive evidence of an applicant’s language proficiency in respect of the federal skilled worker class, the Canadian experience class or the federal skilled trades class, as the case may be. 4 Paragraph 75(2)(d) of the Regulati …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2016

• 2016-02-27Parents and grandparents sponsorship cap doubled for the 2016 intake year
• 2016-03-11Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-37)
• 2016-03-11Revised passenger reservation information privacy regime
• 2016-03-15Regulations Amending the Immigration and Refugee Protection Regulations
• 2016-04-01Canada restores equal basic, supplemental and prescription coverage under the Interim Federal Health Program
• 2016-05-07Employer-sanction grounds for work permit revocation updated
• 2016-11-19Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1
• 2016-12-01Temporary Resident Visa Exemption for Citizens of Mexico (SOR/2016-293)
• 2016-12-15Ministerial Instructions on Spousal and Dependent Child Sponsorship Application Intake Simplification
• 2016-12-16Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-316)